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This is the National Security Agency's largely favorable response to's Freedom of Information Act request dated 27 March 2002 for NSA's polygraph regulations. Documents released pursuant to this FOIA request may be read here:



FOIA Case: 41517A
28 April 2003

Mr. George Maschke
Hart Nibbrigkade 22, 2597 XV

Dear Mr. Maschke:

This responds to your Freedom of Information Act (FOIA) request of 27 March 2002 for NSA/CSS Regulation No. 122-3 and any other NSA rule, regulation, directive, or similar document related to polygraph policy. Your request has been processed under the FOIA and the documents responsive to your request are enclosed. Certain information, however, has been deleted. Because your fee waiver was granted on appeal by letter dated 14 March 2003, no processing fees have been assessed.

Subsection (b)(2) of the FOIA exempts from disclosure matters related solely to the internal personnel rules and practices of an agency. This exemption has been held to apply to matters that are "predominantly internal," the release of which would "significantly risk circumvention of agency regulations or statutes." Crooker v. Bureau of Alcohol, Tobacco, and Firearms, 670 F.2d 1051, 1074 (D.C. Cir. 1981). The information contained within the enclosures meets the criteria for Exemption (b)(2) protection as that statutory provision has been interpreted and applied by the Federal Judiciary. The information being protected under Subsection (b)(2) is limited to computer server and domain information, which would reveal how NSA's information network is constructed. The release of such information could expose the network to unauthorized access.

In addition, the names of NSA/CSS employees have been deleted from the enclosures. These deletions are exempt from disclosure pursuant to the third exemption of the FOIA, which provides for the withholding of information specifically protected from disclosure by statute. The specific statute applicable in this case is Section 6, Public Law 86-36 (50 U.S. Code 402 note).

Since these deletions may be construed as a partial denial of your request, you are hereby advised of this Agency's appeal procedures. Any person denied access to information may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. The appeal must be postmarked no later than 60 calendar days from the date of the initial denial letter. The

FOIA Case : 41517A

appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (DC321), National Security Agency, 9800 Savage Road STE 6248, Fort George G. Meade, MD 20755-6248. The appeal shall reference the initial denial of access and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes release of the information is required. The NSA/CSS Appeal Authority will endeavor to respond to the appeal within 20 working days after receipt, absent any unusual circumstances.



                                                            LOUIS F. GILES
                                                            Director of Policy

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